Patna High CourtCR. MISC./58724/2023allowed

Sonu Mukhiya v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58724 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- SATHI District- West Champaran ====================================================== SONU MUKHIYA Son of Dukhan Mukhiya R/O VILL - BASANTPUR, PS SATHI DISTRICT WEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 40 liters of illegal country-made liquor from a Bicycle, which was kept in two polythene Bag.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to ulterior motive. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern either with the seized Bicycle or with the wine in question. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.58724 of 2023(2) dt.01-09-2023 2/2 conscious possession of the petitioner. He is languishing in judicial custody since 13.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Sathi P.S. Case No. 130 of 2023.

(Sunil Kumar Panwar, J) arish/- U